HIGH COURT MAY 2024 WEEKLY ROUNDUP| Stories on Electro Homeopathy; Right to Education; Universal Studios; Custodial Torture, and more
A quick legal roundup to cover important stories from all High Courts this week.
Delhi High Court
Cases Reported in HCC
Bombay High Court Service Law—Upgradation of Pay—Petition against denial of financial upgradations under the Assured Career Progression Scheme (ACPS) and the Modified
Delhi High Court sets aside Punishment Ticket issued to Central Jail inmate for possessing 50 grams of tobacco
The Delhi High Court noted that there was a delay in forwarding the punishment inquiry to the Inspecting Judge, which contravened Rule 1273 of the Delhi Prison Rules, 2018.
Delhi High Court denies bail to alleged NSCN-IM member in terror funding case
The Delhi High Court says that being a government employee, the appellant cannot be permitted to be free by merely contending that the accounts, though in his name, were being managed by the co-accused.
Delhi High Court orders planting of saplings as restitution for settlement
Since the parties to disputes were closely related to each other and the dispute between parties was amicably settled, instead of imposing the costs upon the petitioner, he is directed to plant 30 saplings of trees.
Delhi High Court grants ‘Dynamic+ Injunction’ in favour of Universal Studios to protect its copyrighted works
The Court found it fit to grant a Dynamic+ injunction to keep up with the hydra-headed nature of the infringement actions of the websites.
Delhi High Court orders SpiceJet to return all aircrafts along with engines to TWC
“If the engines are not returned and properly serviced, TWC Aviation Capital Ltd. would suffer irreparable harm, as this could cause irreversible damage to the engines.”
[Right to Education] Delhi High Court grants provisional admission to a Disadvantaged Group Category Student
The petitioner’s daughter is a child belonging to DG in the SC category within the meaning of Section 2(e) of the Right of Children to Free and Compulsory Education Act, 2009 (“the RTE Act”) and is, therefore, entitled to free, compulsory and elementary education till its completion under Section 12(c) of the RTE Act.
Delhi High Court dismisses PIL seeking to direct medical professionals to inform patients about side effects of a drug
Delhi High Court stated that since the legislature in its wisdom has elected to impose this duty on the manufacturer and the pharmacist, we do not find any ground for issuing a direction as prayed for in this PIL as it would amount to judicial legislation.
Delhi High Court dismisses petition seeking issuance of guidelines for putting cap on airfares
“The aviation sector being a capital-intensive sector, the regulated free play given to the airlines to implement dynamic pricing of the fares for each flight appears to be in conformity with the norms followed worldwide and appears to be essential growth of the said sector.”
Delhi High Court enhances compensation to Rs. 30,00,000/- for families of deceased sanitation workers
“It would be a travesty if the entitlement of the family members of the deceased scavenging workers is confined to Rs.10,00,000. The same would defeat the directions of the Supreme Court to enhance the compensation to Rs. 30,00,000/- on the basis that the previously fixed compensation of Rs.10,00,000/- was fixed far back in 1993 and was not an adequate compensation.”
[S. 5(4) Citizenship Act] Delhi High Court directs Centre to grant citizenship to minor born in India to OCI Holder parents
The present case is one where there are special circumstances, for the Central Government to use the enabling powers, as contemplated under Section 5(4) for favorably considering grant of citizenship to the Petitioner.
Obligation to stay proceedings in contingencies spoken of in S.124(1) of the Trade Marks Act does not stand obviated consequent to abolition of IPAB: Delhi High Court
Notwithstanding the abolition of IPAB and the power of rectification reverting to the High Court, a Trial Judge would have to stay in its hands once it is apprised of pendency of a rectification.
Delhi High Court sets aside arbitral award due to violation of S. 12(5) Arbitration Act
“It is well settled principle that unilateral appointment of Arbitrator is not permissible under the law”
Delhi HC restrains entities from infringing Jackie Shroff’s publicity and personality rights including his name, voice and image for commercial gains
The Court sought response from a content creator for a YouTube video titled “Jackie Shroff Is Savage (*) Jackie Shroff Thug Life” and viewed that restricting such creative expressions stifles freedom of expression, potentially deterring the public from exercising their right to free speech due to fear of legal repercussions.
Battle of Forms: Determining the Prevailing Terms in a Contract Formed by the Exchange of Forms
by Rajat Pradhan* and Deepshikha Bhati**
HIGH COURT MAY 2024 WEEKLY ROUNDUP| Stories on Baba Tarsem Singh Murder; Maternity Benefits for Third Child; Aaj Tak Sting Operation; PM Modi; and more
A quick legal roundup to cover important stories from all High Courts this week.
Delhi High Court initiates contempt against advocate for writing derogatory comments in chat box during virtual hearing
“Petitioner appears to have taken a wrong end of law, aggrieved against adverse orders passed by the Judicial Officers of the District Courts as well as this Court and cannot be permitted to cross the red line, thereby making personal attack on the Judges which undermines the integrity of the Institution.”
Delhi HC dismisses petition challenging auction for operating Janaushadhi Shop at Safdarjung Hospital under Pradhan Mantri Bhartiya Janaushadhi Scheme
The Delhi High Court opined that tendering authority has the power to determine the terms on which tender will be given, unless the terms are not arbitrary and discriminating, the Court cannot scrutinize them.
‘Worked on a higher post for more than 14 years’; Delhi HC quashes demand for recovery of differential higher salary paid after demotion
The Delhi High Court directed the respondents to consider releasing petitioner’s terminal benefits by taking into account the higher salary which he was drawing during the 14 years when he was working as a Research Officer.